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Full-Text Articles in Law

Brown And Lawrence (And Goodridge), Michael J. Klarman Dec 2005

Brown And Lawrence (And Goodridge), Michael J. Klarman

Michigan Law Review

One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …


The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr. Jan 2005

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.


Environmental Justice And The Integration Ideal, Rachel D. Godsil Jan 2005

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.


Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley Jan 2005

Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley

NYLS Law Review

No abstract provided.


True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson Jan 2005

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Articles in Law Reviews & Other Academic Journals

The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund ("LDF"), and head of the legal team that litigated Brown v. Board of Education,' knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy. A full thirty years after Brown, he acknowledged: Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years.... In the short run, it may seem to be the easier course to allow …


Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan Jan 2005

Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan

NYLS Law Review

No abstract provided.


Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker Jan 2005

Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker

NYLS Law Review

No abstract provided.


Why Segregation Is Inherently Unequal: The Abandonment Of Brown And The Continuing Failure Of Plessy, Gary Orfield Jan 2005

Why Segregation Is Inherently Unequal: The Abandonment Of Brown And The Continuing Failure Of Plessy, Gary Orfield

NYLS Law Review

No abstract provided.


Does The Supreme Court Matter? Civil Rights And The Inherent Politicization Of Constitutional Law, Matthew D. Lassiter Jan 2005

Does The Supreme Court Matter? Civil Rights And The Inherent Politicization Of Constitutional Law, Matthew D. Lassiter

Michigan Law Review

More than a decade ago, in a colloquium sponsored by the Virginia Law Review, scholars of the civil rights movement launched a fierce assault on Michael J. Klarman's interpretation of the significance of the Supreme Court's famous school desegregation ruling in Brown v. Board of Education. Klarman's "backlash thesis," initially set forth in a series of law review and history journal articles and now serving as the centerpiece of his new book, revolves around two central claims. First, he argues that the advancements toward racial equality generally attributed to Brown were instead the inevitable products of long-term political, …


True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson Dec 2004

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Lia Epperson

The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund ("LDF"), and head of the legal team that litigated Brown v. Board of Education,' knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy. A full thirty years after Brown, he acknowledged: Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years.... In the short run, it may seem to be the easier course to allow …